CSEA-DLC 745 Elections Issues

Editor's note: The string of e-mails below refers to May 2003, DLC 745 pre-election issues. All e-mails have been categorized in a chronologically ascending order.

From: Vicini, Bill [wav@cpuc.ca.gov]
Sent: Thursday, May 08, 2003 8:08 AM
To: Beauregard, John Bruce
Subject: ballot box
Importance: High

Bruce,

I have grave concerns about the cardboard ballot box I've noticed at several recent CSEA meetings. Mark Loy, currently running for DBUR 1 and General Council Delegate, has been in charge of the box at several of these events, and I've noticed other candidates handling ballots as well.

This seems an obvious conflict of interest and an open door for all sorts of campaign abuses. Is it possible to establish more formal and above-board election procedures to safeguard against any impropriety?

Please respond.

Bill Vicini
Analysis and Procurement
Information Services Branch
Room 3003
3.1387


From: Beauregard, John Bruce [jbb@cpuc.ca.gov]
Sent: Friday, May 09, 2003 2:44 PM
To: Vicini, Bill
Cc: Beauregard, John Bruce
Subject: RE: ballot box

Bill:
Mark is employing part of an age-old practice of unions referred to as Get Out The Vote (GOTV). I can only suggest that this be a matter for discussion on the 13th. I don't have any more authority over the ballot process than anyone else. The Alternate Deputy Director of DLCs, Marc Bautista, is the Civil Service Division officer overseeing the ballot process.

Logic would dictate that those voting for Mark Loy would cast their votes in the boxes he's been carrying to events, while folks voting for other candidates might choose mail or other means. The Gibson Company, auditors who finalize and certify the vote totals, are the link that is very important to the integrity of the process.

IN SOLIDARITY,

Bruce


From: Vicini, Bill
Sent: Wednesday, May 14, 2003 6:35 PM
To: 'election_misconduct@calcsea.org'
Cc: Beauregard, John Bruce; Loy, Mark R.
Subject: CONFIDENTIALITY OF BCC RECIPIENTS
Importance: High

This morning, Wed., 05.14.03, CSEA candidate and officer Mark Loy sent an email to individuals previously in receipt of confidential messages from me regarding workplace issues. Careful research by Network Administration staff has revealed that a recipient with an email account on the same server as a sender can apparently access the bcc distribution of any item attached to a message.

Tue., 05.13, I had written CSEA concerning election improprieties by union leadership at the Commission, implicating Mr. Loy and requesting an investigation. I attached prior emails to substantiate my allegations and cc'd Mr. Loy as a courtesy. One of the attached messages had previously been sent to my confidential Bcc recipients. Since his email account resides on the same server as my own, Mr. Loy was able to view, copy and use the names and email addresses of these individuals upon opening the attachment.

I make every effort to protect the anonymity of my Bcc recipients, but had no way of knowing about this unfortunate opportunity for disclosure. Mr. Loy's use of the information was highly inappropriate and unprofessional, and I apologize for your receipt of any previous or future emails from him stemming from this incident. CSEA is being cc'd on this message to provide investigators with yet more evidence of Mr. Loy's increasingly illicit and compromised campaign practices.

Bill Vicini
Information Services Branch
California Public Utilities Commission
415.703.1387

From: Loy, Mark R.
Sent: Thursday, May 15, 2003 9:24 AM
To: Vicini, Bill; 'election_misconduct@calcsea.org'
Cc: Beauregard, John Bruce
Subject: Vicini's Setup and Phony Accusations

To Whom This May Concern,

Bill Vicini forwarded the BCC list to me that he is now accusing me of "revealing" it a confidential document. I have the e-mails and attachments to prove this. The IT Network Administrators are aware of this.

If it was truly confidential, then it should have been identified as such.

Mark Loy
Vice President
Chapter 745
C.S.E.A.; S.E.I.U. Local 1000

From: Vicini, Bill
Sent: Thursday, May 15, 2003 9:42 AM
To: 'election_misconduct@calcsea.org'
Cc: 'gperry@calcsea.org'; 'mbautista@calcsea.org'; Beauregard, John Bruce; Loy, Mark R.
Subject: CORROBORATION: ONGOING CSEA ELECTION MISCONDUCT IN SAN FRANCISCO Importance: High

Please respond as quickly as possible to the serious and grave nature of the content below:

I wish to alert you to rather striking corroboration of one of several election improprieties I described in my email to this address on 05.13.03. To quote that message:

I have witnessed Mark Loy, currently Vice President and Chief Steward for the DLC and candidate for the same offices for which I am running, transport and monitor a CSEA ballot box at a Fri., 04.30 meet-the-candidates event and a Wed., 05.07 SDI workshop at 455 Golden Gate Avenue, as well as at a final meet-the-candidates forum today, Tue., 05.13 at the Commission.

Mr. Loy responded to this charge in a rebuttal emailed to you on 05.14. In that email, he stated:

[T]here is no "CSEA ballot box." I have a prop box that that has a sign, "TURN in Ballots". It has the phone numbers to request duplicate ballots on the top. I use it to Get Out The Vote and carry my election stuff, eg, sign-in sheets, signs, SDI flyers, tape, pens, and CDU campaign literature. The box has never received nor contained any ballots. I have not solicited members to place their ballots in my prop box.

As indicated in my email, I had previously informed John Bruce Beauregard (incumbent candidate for President of DLC 745) of my concerns in an email on 05.08 (attached).

Mr. Beauregard responded with a note on 05.09 (also attached) which proves beyond all doubt Mr. Loy misrepresented the truth to you, and knew full well he was providing you false information when he described the box as no more than a "prop."

I respectfully demand CSEA take action to prevent the ongoing election abuses by Mr. Loy occurring in DLC 745.

Thank you in advance for your immediate attention to these matters.

Bill Vicini
Information Services Branch
California Public Utilities Commission
415.703.1387

From: Vicini, Bill
Sent: Thursday, May 15, 2003 9:54 AM
To: 'election_misconduct@calcsea.org'
Cc: 'gperry@calcsea.org'; 'mbautista@calcsea.org'; Beauregard, John Bruce; Loy, Mark R.
Subject: FURTHER CORROBORATION: CSEA ELECTION IMPROPRIETIES IN SAN FRANCISCO
Importance: High

Mark Loy is once again misstating the truth. Attached is my prior email to you clearly explaining the manner in which Mr. Loy accessed the information. I did not "forward" a "list" to him: a technical problem with mail servers at the Commission--actively being addressed by our Network Administration staff--permitted him to view, copy and email my Bcc recipients, and he subsequently did so. While this action on his part was not illegal, it was certainly inappropriate and unethical, and a further indication of the insidious manner in which union leadership in DLC 745 is operating.

Please note the hostile and offensive tone of Mr. Loy's subject line in the email below.

Bill Vicini
Information Services Branch
California Public Utilities Commission
415.703.1387

From: Loy, Mark R.
Sent: Thursday, May 15, 2003 1:55 PM
To: Vicini, Bill; 'election_misconduct@calcsea.org'
Cc: 'mbautista@calcsea.org'; Beauregard, John Bruce; Litkouhi, Simin; Reid, Jan; Khosrowjah, Sepideh; Berman, Daniel M.
Subject: Purpose of Bill Vicini's "Compliants"

To Whom This May Concern:

I have inserted a screen print of the document that Bill Vicini cc'd to me as a normal (ie, nonconfidential) document of high importance. Notice that Bill's Distribution List is not identified as confidential.

This is folly:
First I am inappropriately "monitoring" a "CSEA Ballot Box", that no one has claimed it ever did or does contain ballots, and then making misrepresentations about what this box does that corrupts the elections process. Then I am inappropriately commandering a "meet the candidates" meeting attended by 2 or 3 employees in which I do not campaign because my opponent did not attend. And now I am taking advantage of IT "problems" to obtain a "confidential list" because I use the distribution list Bill sent to me and that he has never asked me not to use nor disclose.

Beware of union "reformers" who "have no problems with management" and whose election platform focuses entirely on criticizing "the union." Bill's complaints are dubious at best. Instead of doing something to improve working conditions, testing procedures, and to stop unfair labor practices (esp, the computer and internet usage warnings from IT), etc. Bill is undermining the union. Correct me if I am wrong but Bill's "complaining" is misplaced and is shielding management from scrutiny and accountability.

In Solidarity,

Mark Loy
Vice President
Chapter 745
C.S.E.A.; S.E.I.U. Local 1000
A.F.L.-C.I.O.; C.L.C.